Mr and Mrs made Wills appointing each other as sole executors and beneficiaries. Mrs died leaving a large debt and one bank account and the estate was not administered. Mr then died. Letters of Administration with Will were taken out by a nephew under intestacy rules and Mr’s estate was administered. Mrs’s debt now needs to be repaid. Her bank account will only cover part of the debt. No Grant is required to close the account and receive the proceeds.
Does the nephew have authority to act in repaying the debt without the Letters of Administration with Will or should the Nephew obtain Letters of Administration with Will for Mrs’s estate to protect himself personally from creditors? S27 Notices are going to be placed. The debt is to a private individual, an Acknowledgement of Debt was drawn up by solicitors and signed.
Ellis Jones Solicitors